Wednesday, December 15, 2010

Jury Duty and The Bill Of Rights

While everyone is focusing on the Bill of Rights today, I would like to bring up THREE of the very important Articles that everyone else seems to miss. Article V, Article VI and Article VII. Why are these so important? Because these are the Articles of the Bill of Rights that EMPOWER the PEOPLE as the Fourth Branch of Government.

How many times have you heard "BY THE CONSENT OF THE GOVERNED?" How many people today understand what that phrase even means? Not many from what I've seen.

Article V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury,...

When's the last time you heard of a Grand Jury indictment in the State of Michigan? The federal courts still impanel a Grand Jury, but it's hard to find one in the state. As a matter of fact, very few cases ever see a trial by jury in Michigan these days.

Article VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein...

As busy as the Michigan courts are, how many times have you been called for jury duty?

Article VII

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved...

Yet today in Michigan, we see foreclosures taking place without the homeowner ever having a chance to go to court. Michigan legislators passed an UNCONSTITUTIONAL Law making Michigan a NON-JUDICIAL FORECLOSURE state.

So how important is the roll of the Jury, that the founders needed THREE articles to spell it out? Very important in my humble opinion.

With all the CRAP that this Lame Duck Congress is trying to pass today, we are going to need educated people sitting on juries as well as those who find themselves defending their rights need to demand that Jury Trial. Instead, what we have today are Grand Juries who sit like a bunch of dummies and allow the Prosecutors to run the show. Is it any wonder that Federal Prosecutors brag that they could "INDICT A HAM SANDWICH"?


According to the doctrine of jury nullification, jurors have the inherent right to set aside the instructions of the judge and to reach a verdict of acquittal based upon their own consciences. As abolitionist lawyer Lysander Spooner explained the doctrine in Trial By Jury in 1852, page one:
"For more than six hundred years - that is, since Magna Carta, in 1215 - there has been no clearer principle of English or American constitutional law, than that, in criminal cases, it is not only the right and duty of juries to judge what are the facts, what is the law, and what was the moral intent of the accused; but that it is also their right, and their primary and paramount duty, to judge of the justice of the law, and to hold all laws invalid, that are, in their opinion, unjust or oppressive, and all persons guiltless in violating, or resisting the execution of, such laws."

One of the best articles I've read on the History of Jury Duty and how the courts have been trying to do away with Trial by Jury, is by retired Justice William Goodlow, Washington State Supreme Court.

With all the hoopla being made over Obama's tax increases or Bush tax cuts, (however you want to look at it, my focus is on not what Congress decides to do, my focus is on "WHAT WILL THE GOVERNED CONSENT TO".

I believe that every person who has the potential of being called for Grand Jury Duty, or Trial Jury Duty should the Grand Jury's not do their job, first read "JURY NULLIFICATION: EMPOWERING THE JURY AS THE FOURTH BRANCH OF GOVERNMENT" and then watch this video by Attorney Tom Cryer who was acquitted by a jury and why. Become a "Fully Informed Juror".

In this video, Cryer will lay out the PROPER questions a Grand Jury should ask during THEIR investigation. That's right, it is the Grand Jury who is doing the investigating, not the DOJ or the IRS. The failure of our Grand Juries today is that they sit like a lump on a log and allow the DOJ or Prosecutor to run the show. That's not what they are there for. The job of the Grand Jury is to make sure that the Government isn't overstepping it's boundaries as laid out in the Constitution and Bill of Rights.

Once you go through all this information, I feel very confident that no one will support anything as counter productive as the UN-FairTax.

FIJA Activists Wanted for Julian Assange and Wikileaks
The Grand Jury and the Petit Jury Educational Campaign

At FIJA, the staff members believe that the more transparent we make government and government actions, the closer we come to a government of the people.  Therefore, we encourage the complete transparency of all government documents, especially those related to undeclared wars against any people. 

Anyone reading this who is in or near Alexandria Virginia, please print out FIJA’s  On The Grand Jury flyer (it will open as a PDF file, and that can take a minute to load),  found on FIJA’s home page, and get it into the hands of as many people as you can.  One of the people you reach may be able to share some of the information with one of the people on the Grand Jury.  It is also essential that we reach everyone who will be in the jury pool for the petit jury trial, if there is the opportunity for Julian to have one.  In any event, there is nothing to lose by educating more people, and everything to gain for us all.

FIJA activists are working on identifying a vicinage for any potential trial involving Julian Assange in order to conduct general educational outreach to the entire community. We encourage all FIJA activists to coordinate efforts in FIJA's State News and Activists Discussion Forum:   It looks like a possible trial location could be the federal court in Alexandria, VA. The grand jury is apparently empaneled:

Anyone can distribute FIJA’s educational literature!  Do it now!  FIJA encourages all human rights activists to conduct educational outreach in a non-confrontational manner. You are encouraged to read FIJA's brochure on Handing Out FIJA Literature Around Courthouses for information on conducting effective educational outreach efforts: Distributing FIJA Literature.pdf.

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